By: Leach H.B. No. 16
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to enforcement of the rights of a living child born after
  an abortion; creating a civil cause of action.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 151.002, Family Code, is
  amended to read as follows:
         Sec. 151.002.  RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR
  PREMATURE BIRTH; CIVIL ACTION.
         SECTION 2.  Section 151.002, Family Code, is amended by
  adding Subsections (c), (d), (e), (f), (g), and (h) to read as
  follows:
         (c)  For purposes of this section, a physician-patient
  relationship is established between a child born alive after an
  abortion and the physician who performed or attempted the abortion.
  A physician who performed or attempted the abortion must exercise
  the same degree of professional skill, care, and diligence to
  preserve the life and health of the child as a reasonably diligent
  and conscientious physician would render to any other child born
  alive at the same gestational age.
         (d)  A child born alive after an abortion, as defined by
  Section 245.002, Health and Safety Code, or the child's parent or
  legal guardian, may bring a civil action against a physician who
  performed or attempted the abortion if the physician violates
  Subsection (c) by failing to provide the appropriate medical
  treatment to the child. The child, or the child's parent or legal
  guardian, may recover the following in the civil action: 
               (1)  compensatory damages;
               (2)  exemplary damages in an amount equal to three
  times the cost of the abortion;
               (3)  punitive damages; and
               (4)  reasonable attorney's fees.
         (e)  A woman on whom an abortion, as defined by Section
  245.002, Health and Safety Code, is performed may not be held liable
  under this section.
         (f)  A physician who violates Subsection (c) by failing to
  provide the appropriate medical treatment to a child born alive
  after an abortion is liable to the state for a civil penalty of not
  less than $100,000. The attorney general may bring a suit to collect
  the penalty. In addition to the civil penalty, the attorney general
  may recover reasonable attorney's fees. The civil penalty described
  in this subsection is in addition to any other recovery authorized
  under Subsection (d) or other law.
         (g)  If a physician prevails in an action under Subsection
  (f), the physician may recover reasonable attorney's fees incurred
  in defending the action.
         
         (h)  A person who has knowledge of a failure to comply with
  this section may report the failure to comply with the attorney
  general. The identity and any personally identifiable information
  of the person reporting the failure to comply with this section is
  confidential under Chapter 552, Government Code.
         SECTION 3.  Section 151.002, Family Code, as amended by this
  Act, applies only to a child born alive on or after the effective
  date of this Act.
         SECTION 4.  This Act takes effect September 1, 2019.